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B-291475.2 1 (2003-01-10)

handle is hein.gao/gaobacydw0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Knightsbridge Construction Corporation File: B-291475.2 Date: January 10, 2003 Joel S. Rubinstein, Esq., Bell, Boyd & Lloyd, for the protester. Phillipa L. Anderson, Esq., Kenneth MacKenzie, Esq., and Charlma Quarles, Esq., Department of Veterans Affairs, for the agency. Linda C. Glass, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Where solicitation requires that to be considered technically acceptable, an offeror must demonstrate experience in completing at least three projects of similar type and magnitude within the last 5 years on a contract similar in size and scope to the project being awarded, the agency reasonably considered whether the past projects referenced in proposals were comparable in dollar value as well as complexity. Where protester had not performed three projects of contract dollar value comparable to that of the requirement being solicited, agency reasonably rejected protester's proposal as unacceptable. 2. While agency improperly conducted exchanges with offerors in a manner that favored other offerors over protester, GAO will not sustain protest where it is clear that agency's improper actions did not prejudice protester. DECISION Knightsbridge Construction Corporation protests the rejection of its proposal and the award of a contract to TCL Contractors Corporation under request for proposals (RFP) No. 10N3-131-02, issued by the Department of Veterans Affairs (VA) for renovation of the dermatology clinic area of a VA Medical Center in New York. Knightsbridge maintains that it submitted the lowest priced, technically acceptable proposal and should have received the award, and that the agency improperly conducted exchanges with other offerors, which prejudiced Knightsbridge. We deny the protest.

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